The Scottish Parliament’s Justice Committee has asked the Scottish Government to look again at whether it can introduce its own legislation on forced marriage.
The Anti-social Behaviour, Crime and Policing Bill, which is being considered by the Westminster Parliament, has direct implications for Scotland, including the creation of a specific offence of forced marriage in Scotland carrying a maximum seven year sentence.
The Scottish Government is proposing that Westminster legislate on behalf of the Scottish Parliament in this and two other devolved areas to do with cross-border application of new sexual harm Prevention and Sexual Risk Orders and firearms offences.
The Justice Committee has recently published a report on these proposals and the Scottish Parliament will have the opportunity to debate a Scottish Government motion on whether to give permission for Westminster to pass legislation in these devolved areas shortly.
Convener of the Justice Committee, Christine Grahame said:
“The Committee heard in evidence how forced marriage is a complex and culturally sensitive issue and there is clearly not agreement from those people who deal with victims on the best way to tackle this dreadful practice.
“When organisations that assist victims of forced marriage are raising concerns that the proposals may stop victims from coming forward and seeking help, we think that it is time to pause and make sure that we get the right legislation for victims in Scotland. If we have time to develop a specific Scottish response to forced marriage to reflect our distinct legal system, we should.
“The Committee has concerns about the Scottish Government’s approach and the lack of consultation in Scotland on the proposals. One way or the other, more work needs to be done in this area on how the proposals will work in practice and how victims’ interests will be taken into account.”
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